VENKATRAMA SASTRY, J.

( 1 ) IN this appeal preferred by the plaintiff, the question that arises is about the direction given by the lower Court to deposit a sum of rs. 27,200 into Court being the value of the building and structures found on the suit site as a condition before taking possession of the suit properties, which were decreed to the plaintiff against the defendants.

( 2 ) A few facts which are necessary to appreciate the only point arising in this appeal are the following:-The board of Wakfs, Andhra Pradesh, hyderabad, is claiming the suit property mentioned in A Schedule as an Endowments for the purpose of maintaining bara Imam Ashur Khan and therefore a wakf. The income from this property was being utilised for the purpose of ervices of the Ashur Khana, for celebrating moharam festival and for reading koran and other religious functions. Originally Mr. Jalal Saheb and his brother Shaik Buddin Saheb were the mutavallis of said Ashurkhana and they were performing the services required and were managing the property. As it is a public religious endowment, they had no right to alienate the property. Prior to them their father was the mutavalli. Both of them have leased the

Click Here to Read the rest of this document